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U.S. v. DUVALL

Nos. 10-3091, 11-3114.

705 F.3d 479 (2013)

UNITED STATES of America, Appellee v. David A. DUVALL, also known as Tone, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 2013.

Attorney(s) appearing for the Case

Sylvia Royce , appointed by the court, argued the cause and filed the briefs for appellant.

Stratton C. Strand , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Elizabeth Trosman , Chrisellen R. Kolb , and Courtney Spivey , Assistant U.S. Attorneys.

Opinion concurring in the judgment filed by Senior Circuit Judge WILLIAMS.

KAVANAUGH, Circuit Judge:

From 2007 to 2009, David Duvall and others distributed large quantities of powder cocaine to mid-level drug dealers, who then cooked the cocaine into crack and sold it. In late 2009, Duvall was arrested and indicted for conspiracy to distribute crack cocaine.

Duvall pled guilty pursuant to a Rule 11(c)(1)(C) plea agreement. A Rule 11(c)(1)(C) plea agreement generally specifies an agreed-upon sentence or sentencing range. Here, the...

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